Summary: We will not investigate this complaint about the Council’s decision that the complainant’s neighbours have not breached planning control. There is not enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X complains the Council has allowed building work that is not on any plans. He also complains:
• the building work is poor;
• no one has inspected the work; and
• the materials used do not match those used in the local environment.

He wants the unauthorised building removed.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X, including the Council’s response to his complaint and information available on its website.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In 2022, the Council granted planning permission for Mr X’s neighbour to build single storey side and rear extensions and a front dormer. The permission included a condition requiring the external surfaces of the permitted extensions should be of a similar colour, texture, and size of the existing building.
6. Mr X reported his neighbours were erecting a building that is not on the approved plans. He also reported:
• the materials used do not match the surroundings;
• the quality of the work is poor; and
• he does not believe any inspections have taken place.
7. The Council is satisfied the outbuilding qualifies as permitted development. Permitted development rights are a national grant of planning permission which allow certain development to be completed without planning applications to the council as local planning authority. It is also satisfied the materials used for the extension, dormer and porch are acceptable. We have seen no evidence of fault in how the Council made these decisions. Without evidence of fault in the process, the Ombudsman cannot criticise decisions the Council is entitled to make.
8. Mr X is concerned about the quality of the building work and says there have been no inspections. These are matters to be considered under the building regulations rather than planning control. The Council has confirmed the neighbour is using the Council’s building control team. It also confirms the required inspections will take place. There is no evidence of fault in the way the Council has dealt with Mr X’s concern.
9. Any concerns Mr X has about party wall issues such as work carried out without a party wall agreement are civil matters and not for the Council to resolve.

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Final decision

10. We will not investigate Mr X’s complaint because there is no evidence of fault in the Council’s actions. It confirms:
• the outbuilding is permitted development and therefore does not require planning permission;
• the materials used are acceptable; and
• building control inspections will be carried out as required.

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Investigator's decision on behalf of the Ombudsman